98-22788 RESO
RESOLUTION NO. 98-22788
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF
THAT PORTION OF LINCOLN ROAD, NORTH OF THE CENTER LINE
OF THE EXISTING ROAD RIGHT-OF-WAY LYING EAST OF THE
EASTERN RIGHT-OF -WAY LINE OF COLLINS AVENUE, AND WHICH
IS CONTIGUOUS TO THE DI LIDO BEACH HOTEL PROPERTY,
LOCATED AT 1669 COLLINS AVENUE, IN FAVOR OF DI LIDO BEACH
HOTEL CORPORATION; CONDITIONED UPON THE FOLLOWING: A
LINCOLN ROAD ACCESS EASEMENT, TO BE GRANTED TO THE CITY
BY DI LIDO BEACH HOTEL CORPORATION FOR PUBLIC PEDESTRIAN
AND VEHICULAR TRAFFIC, ON, ACROSS, AND THROUGH THE
PROPOSED VACATED PROPERTY (LINCOLN ROAD ACCESS
EASEMENT); A PERMANENT, CONTINUOUS PEDESTRIAN EASEMENT
FOR ACCESS BY THE PUBLIC FROM THE LINCOLN ROAD ACCESS
EASEMENT AREA, THROUGH THE DI LIDO PROPERTY, TO THE
BEACH; AND CERTAIN LINCOLN ROAD IMPROVEMENTS, TO BE
PROVIDED PURSUANT TO THE PROVISIONS OF THAT CERTAIN
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND DI LIDO
BEACH HOTEL CORPORATION; PROVIDING THAT THE "SECOND
CLOSING," AS SAME IS DEFINED IN THE DEVELOPMENT
AGREEMENT BE A CONDITION PRECEDENT TO THE VACATION, AND
THAT SAID VACATION SHALL ONLY BE EFFECTIVE IF THE SECOND
CLOSING OCCURS; AND WAIVING THE REQUIREMENTS OF
APPRAISALS AND COMPETITIVE BIDS IN CONNECTION WITH THE
APPROVAL OF SAID VACATION; AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO
EFFECTUATE SAID VACATION.
WHEREAS, Di Lido Beach Hotel Corporation owns the property located at 1669 Collins
Avenue (Di Lido Property) and intends to redevelop the current hotel located on the property and
portions of the commercial building also located thereon into a Ritz-Carlton Hotel, substantially
in accordance with the provisions of that certain Development Agreement entered into between
the City and Di Lido Beach Hotel Corporation, dated May 20, 1998, and approved pursuant to
Resolution No. 98-22750; and
WHEREAS, in accordance with its planned redevelopment, Di Lido Beach Hotel
Corporation, as the owner of the adjoining Di Lido Property, has requested that the City vacate
that portion of Lincoln Road, north of the center line of the existing road right-of-way line east
of Collins Avenue and which is contiguous to the Di Lido property (the Lincoln Road Property);
and
WHEREAS, the City is desirous of constructing and extending its Beachwalk through and
across the beach portion of the Di Lido Property, in order to provide recreational facilities for its
citizens; and
WHEREAS, the City, in cooperation with Di Lido Beach Hotel Corporation, also wishes
to make substantial improvements to that certain portion of Lincoln Road lying east of the eastern
right-of-way line of Collins Avenue (the Lincoln Road Section) and to obtain from Di Lido Beach
Hotel Corporation a permanent, continuous pedestrian easement for access by the public from the
Lincoln Road Access Easement area, through the Di Lido Property, to the beach; and
WHEREAS, Di Lido Beach Hotel Corporation is willing to grant said easement (the Di
Lido Easement) for public purposes as part of its planned redevelopment; and
WHEREAS, the Administration would recommend that the Mayor and City Commission
approve the proposed vacation of the Lincoln Road Property, in favor of Di Lido Beach Hotel
Corporation, conditioned upon the following: the grant by Di Lido Beach Hotel Corporation to the
City of a Lincoln Road Access Easement, as referenced in the Development Agreement and attached
hereto and incorporated herein as Exhibit A; the grant by Di Lido Beach Hotel Corporation to the
City of the Di Lido Easement, as referenced in the Development Agreement and attached hereto and
incorporated herein as Exhibit B; and Di Lido Beach Hotel Corporation's commitment to expend
funds to prepare plans and to construct improvements, referenced, respectively in the
Development Agreement as the Lincoln Road Plans and Lincoln Road Improvements; and
WHEREAS, following guidelines and requirements set forth in preceding vacation
requests, as well as the requirements of Ordinance No. 92-2783, governing the sale and lease of
City-owned property, a duly noticed public hearing to consider the aforestated vacation request
was held by the Mayor and City Commission on June 17, 1998; and
WHEREAS, the Administration would further recommend that the proposed vacation be
effective at the time of the "Second Closing," as same is defmed in the Development Agreement,
and that, for any reason, should the conditions to the Second Closing not be satisfied by the date
provided for in the Development Agreement, and the Agreement expires or terminates, as more
particularly provided therein, then the vacation approval set forth herein shall not be effectuated,
be null and void, and have no further force or effect; and
WHEREAS, accordingly, the Second Closing, as contemplated in the Development
Agreement, should be a condition precedent to the proposed vacation; and
WHEREAS, concurrent with its approval of the proposed vacation set forth herein, the
Administration would recommend that the Mayor and City Commission further waive, by 517ths
vote, the appraisal and competitive bidding requirements set forth under Ordinance No. 92-2783.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
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Section 1. That the City approves the vacation of the center line of the existing road
right-of-way lying east of the eastern right-of-way line of Collins Avenue, which is contiguous to
the Di Lido Beach Hotel property, located at 1669 Collins Avenue, in favor of Di Lido Beach Hotel
Corporation, conditioned upon the grant by Di Lido Beach Hotel Corporation to the City of the
Lincoln Road Access Easement (Exhibit A); the Di Lido Easement (Exhibit B); and Di Lido Beach
Hotel Corporation's commitment to expend funds to prepare the Lincoln Road Plans and construct
the Lincoln Road Improvements, all as specifically set forth in the Development Agreement between
the City and Di Lido Beach Hotel Corporation, dated May 20, 1998, and approved pursuant to
Resolution No. 98-22750.
Section 2. That, in addition to the preceding conditions, the "Second Closing," as same
is defined in the Development Agreement, shall be a condition precedent to the aforestated vacation
and, in the event that, for any reason, the conditions of the Second Closing have not been satisfied
within the time period prescribed by the Development Agreement, and the Agreement expires or
terminates, as more particularly provided therein, then this approval and the vacation herein shall
be null and void and have no further force or effect.
Section 3. That the Mayor and City Commission herein declare that it is in the interest
of the public to waive the bidding and appraisal requirements of Ordinance No. 92-2783 in
connection with the approval of this vacation.
Section 4. That the Mayor and City Clerk are hereby authorized to execute all documents
necessary to effectuate said vacation.
PASSED and ADOPTED this 17th day of
June , 1998.
ATTEST:
MAYOR~
~Cs r~~
CITY CLERK
F:IA TTOIAGURIRESOSILINCOLN.V AC
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1#~
C,"J Attorney
b ;/-t/9 t
Date
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Prepared by and Return to:
. Joseph M. ijemandez Esq.
Greenberg', Traurig, itffman,
Lipoff, Rosen & Quentel, P .A.
1221 Brickell Avenue
Miami, FL 33131
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GRANT OF PERPETUAL EASEMENT FOR BEACH ACCESS
TillS GRANT OF EASEMENT (this "Easement") is made this _ day of ,
1998, by Dr LIDO BEACH HOTEL CORPORATION, a Florida corporation (the "Owner")
having its principal place of business at 155 Lincoln Road, Miami Beach, Florida in favor of the
CITY OF MIAJ.vfI BEACH, a Florida municipal corporation (the "City"), having its principal
place of business at 1700 Convention Center Drive, Miami Beach, Florida.
WHEREAS, the Owner owns that certain property situated, lying and being in Dade
County, Florida, known as the Di Lido Beach Hotel located at 155 Lincoln Road, Miami Beach,
Florida, and as more particularly described in Schedule "A" attached hereto (the "Property");
WHEREAS, the City and the Owner entered into that certain Agreement dated as of
, 1998, recorded in Official Records Book , at Page __, of the Public
Records of Miami-Dade County (the "Development Agreement"), which constitutes a
development agreement pursuant to the Florida Local Government Development Act, Section
163.3220, et. seq., Florida Statutes (the "Act") and which contemplates the renovation of the
existing hotel and commercial building located on the Property (the "Planned Development");
WHEREAS, pursuant to the Development Agreement the Owner has agreed to grant to
the City a perpetual easement for the purpose of providing public access from the Easterly end of
Lincoln Road to the beach and Atlantic Ocean through that portion of the Property which is
approximately twenty (20) feet in width, as more particularly described in Schedule "B" attached
hereto (the "Easement Parcel") in exchange for, among other things, the issuance of
development permits and approvals in order to develop the Planned Development; and
WHEREAS, pursuant to the Development Agreement, the Owner has agreed to construct
certain improvements on the Easement Parcel (the "Improvements").
NOW T~EREFORE, in consideration of Ten and NollOO Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Owner by these presents hereby grants, sells, and conveys to the City, its successors and
assigns, a perpetual easement on, in, and over the Easement Parcel for the purpose of providing
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EXHIBIT A
public access from the Easterly end of Lincoln Road to the beach and Atlantic Ocean and for the
purpose of installing, laying, constructing, operating, inspecting, maintaining, repairing, and
replacing a public pedestrian walkway in order to provide such public access to the beach and the
"Atlantic O~e.an. ~
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The Owner and the City further agree to the folloVling:
1. The Owner hereby grants to the City its employees, contractors, or
representatives, the permanent right and license for purposes of ingress and egress
to and from the Easement Parcel for the purposes of laying, constructing,
operating, inspecting, maintaining, repairing, and replacing the pedestrian
walkway, landscaping, lighting and irrigation, and all other related improvements
to be constructed on the Easement Parcel.
2. The City shall have the sole responsibility and shall bear the total cost for the
maintenance of the Improvements, except for any repairs or maintenance arising
from the negligence of the Owner or any successor thereto.
3. The parties hereto acknowledge and agree that the Easement Parcel and the
Improvements thereon are intended to be used and maintained in a manner which
is consistent with the standard of maintenance for the Lincoln Road Mall. The
, City agrees that it shall insure and provide security for the Easement Parcel and
the Improvements in the same manner as it provides security for its public
sidewalks and right-of-ways.
4. The Owner reserves unto itself, its successors and assigns, the perpetual right and
privilege of:
a. Right of ingress and egress to and from the Easement Parcel for
construction access to the Property, provided that Owner shall bear the
cost for repairing any damage to the Easement Parcel or Improvements,
resulting from such construction; and
b. Unrestricted access to, over, across and in the Easement Parcel, provided
that Owner shall not use the Easement Parcel for vehicular traffic and
Owner's use of the Easement Parcel shall not materially interfere with the
continued use of the Easement Parcel as permitted herein by Grantee and
the public.
5. Owner shall not construct or permit to be constructed any structure or obstruction
on or over or interfering with the construction, maintenance, or any other aspect
of the Improvements located upon the Easement Parcel.
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6. O,^ner covenants, warrants and represents that (i) it is the fee simple owner of the
Easement Parcel and has the right, title, and capacity to grant the perpetual
easement granted herein, and (ii) is the sole lienor and
.... holder~f a recorded (or unrecorded) security interest in the Easemeut p'~cel.
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7. This grant of perpetual easement shall inure to the benefit of and be binding upon
the heirs, legal representatives, successors and assigns of the parties hereto, as
applicable.
8. Notices. Any notices required or permitted to be given under this Easement shall
be in writing and shall be deemed to have been given if delivered by hand, sent by
recognized overnight courier (such as Federal Express) or mailed by certified or
registered mail, return receipt requested, in a postage prepaid envelope, and
addressed as follows:
If to the City at:
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager,
City Attorney
If to Owner at:
c/o Bruce Lazar, Esq.
Seville Beach Hotel, Suite M
2901 Collins Avenue
Miami Beach, FL 33 140
(if not in leave with concierge)
With a copy to:
Juan P. Loumiet, Esq.
Greenberg, Traurig, Hoffman,
Rosen & Quentel P.A.
1221 Brickell Avenue
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be deemed given
on the date of delivery and notices mailed in accordance with the foregoing shall .
be deemed given three (3) days after deposit in the U.S. mails. The terms of this
Section shall survive the termination of this Easement.
9. Construction.
(a) This Easement shall be construed and governed in accordance with the laws of the
S tate of Florida. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof; and, accordingly, this Easement shall not be
more strictly construed against anyone of the parties hereto.
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(c)
10.
11.
In construing this Easement, the use of any gender shall include every other and
all ~nders, and captions and section and paragraph headings shall b.e disregarded.
,-
All of the exhibits attached to this Easement are incorporated in, and made a part
of, this Agreement.
Severabilitv. In the event any term or provision of this Easement be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority
determines, and the remainder of this Easement shall be construed to be in full
force and effect.
Litigation. In the event of any litigation between the parties under this Easement
for a breach hereof, the prevailing party shall be entitled to reasonable attorney's
fees and court costs at all trial and appellate levels. The terms of this Section shall
survive the termination of this Easement.
12.
Time of Essence. Time shall be of the essence for each and every provision
hereof.
13'.
Entire Agreement. This Easement, together with the documents referenced
herein, constitute the entire agreement and understanding among the parties with
respect to the subject matter hereof, and there are no other agreements,
representations or warranties other than as set forth herein. This Easement may
not be changed, altered or modified except by an instrument in writing signed by
the party against whom enforcement of such change would be sought.
14.
Force Maieure. Any prevention, delay or stoppage due to strikes, lockouts, labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes therefor, riot, civil commotion, fire or other casualty, and other causes
beyond the reasonable control of the party obligated to perform, excluding the
financial inability of such party to perform shall excuse the performance by such
party for a period equal to any such period of prevention, delay or stoppage.
IN WITNESS WHEREOF, the undersigned has caused this grant of perpetual easement
to be executed by execution of this instrument as of this day of , 1998.
Witnesses:
Sign Name:
Print Name:
Sign Name:
Print Name:
THE OWNER
DI LIDO BEACH HOTEL CORPORATION,
a Florida corporation
By:
Name:
Title:
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CONSENT
; .
The undersigned lienor, owner and holder of that certain [Mortgage] recorded in Official
Records Book _, at Page _, of the Public Records of Miami-Dade County, hereby
consents to the grant of easement rights as provided herein and subordinates the lien and effect of
its security interest to this Easement.
, a
Sign Name:
Print Name:
By:
Name:
Title:
Sign Name:
Print Name:
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STATE OF FLORIDA
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)
) SS:
)
; -
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 1998 by , as of Di Lido Beach
Hotel Corporation, a Florida corporation, on behalf of the corporation. He/She is personally
known to me or has produced as identification and who did (did not)
take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
ACKNOWLEDGED AND ACCEPTED this
by:
day of
, 1998
Witnesses:
CITY OF MIAMI BEACH, a Florida
municipal corporation
Sign Name:
Print Name:
By:
Mayor
Sign Name:
Print Name:
ATTEST:
Robert Parcher, City Clerk
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STATE OF FLORIDA
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.~
)
)SS:
)
,-
COUNTY OF DADE
The foregoing instrument was acknowledged before me this day of
, 1998, by , as Mayor of the City of
Miami Beach, a Florida municipal corporation, on behalf of the Corporation. He is personally
known to me or has produced as identification and who did (did not)
take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
MlA.'"IIlHERNANDEZl/946913Ik@nSOS'.DOC/SI27/98
7
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Prepared by and Return to:
. Joseph M. '~emande~Esq.
Greenberg, Traurig, Hoffman,
Lipoff, Rosen & Quentel, P.A.
1221 Brickell Avenue
Miami, FL 33 13 1
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GRANT OF PERPETUAL EASEMENT (LINCOLN ROAD)
THIS GRANT OF EASEl\1ENT (this "Easement") is made this _ day of
1998, by Dr LIDO BEACH HOTEL CORPORATION, a Florida corporation (the "Owner")
having its principal place of business at 155 Lincoln Road, Miami Beach, Florida in favor of the
CITY OF MIAMI BEACH, a Florida municipal corporation (the "City"), having its principal
place of business at 1700 Convention Center Drive, Miami Beach, Florida.
WHEREAS, the Owner owns that certain property situated, lying and being in Dade
COlmty, Flori,da, known as the Di Lido Beach Hotel located at 155 Lincoln Road, Miami Beach,
Florida, and as more particularly described in Exhibit "A" attached hereto (the "Property");
'WHEREAS, the City and the Owner entered into that certain Agreement dated as of
, 1998, recorded in Official Records Book , at Page _, of the Public
Records of Miami-Dade County (the "Development Agreement"), which constitutes a
development agreement pursuant to the Florida Local Government Development Act, Section
163.3220, et. seq., Florida Statutes (the "Act") and which contemplates the renovation of the
existing hotel and commercial building located on the Property (the "Planned Development");
WHEREAS, pursuant to the Development Agreement, the Owner has agreed to grant to
the City a perpetual easement for the purpose of providing public pedestrian and vehicular access
through and over that portion of Lincoln Road North of the center line of the existing road right-
of-way lying East of the Eastern right-of-way line of Collins A venue and which is more
particularly described in Exhibit "B" attached hereto (the "Easement Parcel") in exchange for,
among other things, the City vacating its rights in and to the Easement Parcel and the issuance of
development permits and approvals in order to develop the Planned Development; and
'VHEREAS, pursuant to the Development Agreement, the Owner has agreed to construct
certain improvements as described therein (the "Lincoln Road Improvements") in and on that
portion of Lincoln Road lying East of Collins Avenue (the "Lincoln Road Section") and on that
portion of the Property which the Owner has granted the City certain easement rights in order to
provide public access to the beach and the Atlantic Ocean and the City has agreed to construct
the Lincoln Road Improvements.
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EXHIBIT B
NOW THEREFORE, in consideration of Ten and NollOO Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Owner by these presents hereby grants, sells, and conveys to the City, its successors and
-assigns, a p~rpetual e~ment on, in, and over the Easement Parcel for the purpose of providing
public pedestrian and vehicular access through and over the Easement Parcel and for th~ purp"ose-
of laying, constructing, maintaining, repairing and replacing the Lincoln Road Improvements.
The Owner and the City further agree to the following:
1. The Owner hereby grants to the City its employees, contractors, or
representatives, the permanent right and license for purposes of ingress and egress
to and from the Easement Parcel for the purposes of laying, constructing,
operating, inspecting, maintaining, repairing, and replacing the public roadway,
public sidewalks, landscaping, lighting, utilities and irrigation, and all other
related improvements to be constructed on the Easement Parcel. The Owner
hereby also grants the City the right to use and occupy the subsurface of the
Easement Parcel for any utility or drainage or other use or purpose, including,
without limitation, the right to construct, install, maintain and operate therein
electrical, telephone, telegraph, telecommunication, gas, gasoline, sewer, water,
and drainage fixtures and the Owner grants to the City the right to grant easements
to third parties to do the same.
2. Following the completion of the Lincoln Road Improvements, the City shall have
the sole responsibility and shall bear the total cost for the repair and maintenance
of same, except for any repairs and maintenance arising from the negligence of
the Owner or any successor thereto.
3. The City shall provide the same level of maintenance on the Easement Parcel and
the improvements thereon as it currently provides for the Lincoln Road Mall. The
City agrees that it shall insure and provide security for the Lincoln Road Section
in the same manner as it provides security for its public sidewalks and
right-of-ways.
4. The Owner reserves unto itself, its successors and assigns, the perpetual right and
privilege of:
a. Right of ingress and egress to and from the Easement Parcel for
construction access to the Property, provided that Owner shall bear the
cost for repairing any damage to the Easement Parcel, resulting from such
construction;
b. Unrestricted access to, over, across and in the Easement Parcel, provided
that such use does not materially interfere with the continued use of the
Easement Parcel as permitted herein by Grantee and the public; and
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c.
Using and occupying, and granting to any parties providing utility service,
telephone service and to other similar parties, the right to use and occupy
the subsurface of the Easement Parcel for any utility or drainage or other
;;:nse or purpose which does not materially interfere with the. non~exclusive
rights herein granted to Grantee, and its authorized invitee~~ agents,
employees, guests, lessees and licensees, including, without limitation, the
right to construct, install, maintain and operate therein electrical,
telephone, telegraph, telecommunication, gas, gasoline, sewer, water, and
drainage fixtures.
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5. The parties agree that in connection with each of their respective rights to install
and maintain utilities in the subsurface of the Easement Parcel pursuant to this
grant of easement, each party (i) shall notify the other of its intention to install,
repair or otherwise maintain such utilities, (ii) shall cooperate fully with the other
party and take such steps as may be necessary to insure that any such installation,
maintenance or repair of said utilities will not interfere with the use or functioning
of existing utilities, (iii) shall, to the extent feasible, integrate any proposed
installation, maintenance or repair with any proposed work of a similar nature by
the other party, and (iv) shall not unreasonably interfere with the use of the
Easement Parcel by the other party as permitted under this grant of easement.
6. ,Owner shall not construct or permit to be constructed any structure or obstruction
on or over or interfering with the construction, maintenance, or any other aspect
of the Lincoln Road Improvements located upon the Easement Parcel.
7. Owner covenants, warrants and represents that it is the fee simple owner of the
Easement Parcel and has the right, title, and capacity to grant the perpetual
easement granted herein.
8. This grant of perpetual easement shall inure to the benefit of and be binding upon
the heirs, legal repres~ntatives, successors and assigns of the parties hereto, as
applicable.
9. Notices. Any notices required or permitted to be given under this Easement shall
be in writing and shall be deemed to have been given if delivered by hand, sent by
recognized overnight courier (such as Federal Express) or mailed by certified or
registered mail, return receipt requested, in a postage prepaid envelope, and
addressed as follows:
Ifto the City at:
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33 139
Attn: City Manager,
City Attorney
~
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c/o Bruce Lazar, Esq.
Seville Beach Hotel, Suite M
2901 Collins Avenue
Miami Beach, FL 33 140
(if not in leave with concierge)
; -
If to Owner at:
With a copy to:
Juan P. Loumiet, Esq.
Greenberg, Traurig, Hoffman,
Rosen & Quentel P.A.
1221 Brickell Avenue
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be deemed given
on the date of delivery and notices mailed in accordance with the foregoing shall
be deemed given three (3) days after deposit in the U.S. mails. The terms of this
Section shall survive the termination of this Easement.
10. Construction.
(a) This Easement shall be construed and governed in accordance with the laws of the
, State of Florida. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof; and, accordingly, this Easement shall not be
more strictly construed against anyone of the parties hereto.
(b) In construing this Easement, the use of any gender shall include every other and
all genders, and captions and section and paragraph headings shall be disregarded.
(c) All of the exhibits attached to this Easement are incorporated in, and made a part
of, this Agreement.
11. Severability. In the event any term or provision of this Easement be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority
determines, and the remainder of this Easement shall be construed to be in full
force and effect.
12. Litiiation. In the event of any litigation between the parties under this Easement
for a breach hereof, the prevailing party shall be entitled to reasonable attorney's
fees and court costs at all trial and appellate levels. The terms of this Section shall
survive the termination of this Easement.
13. Time of Essence. Time shall be of the essence for each and every provision
hereof.
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14. Entire Aweement. This Easement, together with the documents referenced
herein, constitute the entire agreement and understanding among the parties with
respect to the subject matter hereof, and there are no other agreements,
.... repres~ations or warranties other than as set forth herein. This Eas~~ent may
not be changed, altered or modified except by an instrument in writing signed bi
the party against whom enforcement of such change would be sought.
15. Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor
disputes, acts of God, inability to obtain labor or materials or reasonable
substitutes therefor, riot, civil commotion, fire or other casualty, and other causes
beyond the reasonable control of the party obligated to perform, excluding the
[mancial inability of such party to perform shall excuse the performance by such
party for a period equal to any such period of prevention, delay or stoppage.
IN WITNESS WHEREOF, the undersigned has caused this grant of perpetual easement
to be executed by execution of this instrument as of this day of , 1998.
Witnesses:
THE OWNER
Sign Name:
Print Name:
,
D1 LIDO BEACH HOTEL CORPORATION,
a Florida corporation
Sign Name:
Print Name:
By:
Name:
Title:
5
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CONSENT
The undersigned lienor, owner and holder of that certain [Mortgage] recorded in Official
Records Bobk --,--,~ Page _, of the Public Records of Miami-Dade C~)UntY". her~by.
consents to the grant of easement rights as provided herein and subordinates the lien and effect of
its security interest to this Easement.
Sign Name:
Print Name:
By:
Name:
Title:
Sign Name:
Print Name:
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GOUNTY O.F DADE
'",
)
) SS:
)
STATE OF FLORIDA
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.~.
The foregoing instrument was acknowledged before me this day 'of
, 1998 by , as of Di Lido Beach
Hotel Corporation, a Florida corporation, on behalf of the corporation. HelShe is personally
known to me or has produced as identification and who did (did not)
take an oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
ACKNOWLEDGED AND ACCEPTED this
by:
day of
, 1998
Witnesses:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation
Sign Name:
Print Name:
Sign Name:
Print Name:
By:
Mayor
ATTEST:
Robert Parcher, City Clerk
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STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
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j-
The foregoing instrument was acknowledged before me this day of
, 1998, by , as Mayor of the City of
Miami Beach, a municipal corporation, on behalf of the Corporation. He is personally known to
me or has produced as identification and who did (did not) take an
oath.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
MIAMIIHER1'o/ANDEZII9471761k@'Y.g05!DOC/5120198
8
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CITY OF MIAMI BEACH ~
Planning, Design and Historic Preservation~
Interoffice Memorandum
To:
Gary Kokorian
Date: June 5, 1998
From:
Civil Engineer II
Dean Grandi~
Planning and~ector
Subject: Analysis of Pending Application for Vacation ofa Portion of the Lincoln Road Right-
of- Way Pursuant to the DiLido Development Agreement
(Ordinance 92-2783)
Pursuant to your request, this memorandum serves to provide an analysis of the vacation of a portion
of the Lincoln Road Right-of-Way.
Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale of city-owned land,
including the vacation of a right-of-way, be analyzed from a planning perspective in order that the
City Commission and the public are fully apprised of all conditions relating to the proposed vacation
of the right-of-way. What follows, herein, are each of the eight criteria prescribed in said ordinance
and a response to each:
1. Whether or not the proposed use is in keeping with City goals and objectives and
conforms to the City Comprehensive Plan.
The proposed vacation and abandonment of the north-half of the Lincoln road right-of-way
in favor of the adjoining DiLido property is subject to the granting by the DiLido Beach
Corp. to the City an access easement on Lincoln Road. Thus, the granting of the easement
ensures the continued public use of the former right-of-way and does not contravene the
goals and objectives of the Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative impacts
such as diminution of open space, increased traffic, noise level or enhanced property
values, improved development patterns and provision of necessary services. Based on
the proposed use of the property, the City shall determine the potential impact of the
project on City utilities and other infrastructure needs and the magnitude of costs
associated with needed infrastructure improvements. Should it become apparent that
further evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
The vacation of the right-of-way and subsequent granting of the City easement will not
diminish any open space. The proposed improvements to the City easement should have a
positive effect, in terms of property value, to the surrounding area.
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the City's revenue base, reducing
City costs, creating jobs, creating a significant revenue stream and improving the
community's overall quality of life.
The proposed vacation of the Lincoln Road right-of-way is part of the DiLido Development
agreement. The improvements in the vacated right-of-way, in addition to the permanent
pedestrian easement at the eastern end of Lincoln Road through the DiLido property for
access by the public to the beach, is in keeping with a public purpose and community needs.
4. Determination as to whether or not the development is in keeping with the surrounding
neighborhood, will block views, or create other environmental intrusions, and
evaluation of the design and aesthetic considerations of the project.
The only development of the vacated right-of-way involves landscape and circulation
improvements. The existing views of the Lincoln Road street end are not affected. Indeed,
the proposed improvements, in addition to the creation of a pedestrian easement at the end
of Lincoln Road, extend the view corridor to the dune and beach area.
5. The impact on adjacent properties, whether or not there is adequate parking, street,
and infrastructure needs.
The use of the vacated right-of-way as a City easement will not have an impact on parking
nor will it affect the city's infrastructure.
6. A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project could
be accomplished under a private-ownership assembly.
There are no other viable alternatives for the right-of-way. The proposed easement back to
the City ensures that the public access to the area remains.
7. Within the constraints of public objectives, the department should examine financial
issues such as job generation, providing housing opportunities, and the return to the
City for its disposition of property.
The proposed vacation of the right-of-way will help effectuate the development agreement
which will include the improvements to Lincoln Road and the renovation of the adjoining
DiLido property as a high quality hotel facility. This will create temporary jobs during the
construction phase and permanent jobs in the hotel service industry. As part of the
development agreement the DiLido Beach Corporation will expend $500,000 for the
improvements to Lincoln Road. This represents a substantial savings to the City.
8. Such other items as the Planning Department may deem appropriate in analysis of the
proposed disposition.
Planning Staff has determined that the reconstruction and redevelopment of the DiLido
property and the improvements to Lincoln Road and the creation of a permanent pedestrian
beach access will have direct benefits to the City. The improvements will rehabilitate a
major intersection in the City. The improvements to the Lincoln Road easement will
preserve the architectural scale of the existing structures. The proposed vacation and
subsequent improvements is consistent with the City's ongoing redevelopment of the area
and will positively influence the character of the future development in the surrounding area.
DJG/JGG
cc: J. Gavarrete
F:\PLAN\$ALL\CC _MEMOS\DILIDO.SHP
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,
CITY OF MIAMI BEACH ""
NonCE OF PUBLIC IfEAJuNG ~
TO CONSIDER VACATIoN OF ROADWAY _ _
NOTICE IS HEREBBY GIVEN that lbe City Co_on of lbe City of
Miami Beach will conduct a public heanng on \\\odneaday, June 17,
"98 at /1'00 A.M. · or as Soon lbereafter aa Possible. in lbe City
Commission Chambers, Third Floor, City Hall, 1700 Convention
Center Drive. Miami Beach. Florida. to review an application filed by
Di Lido Beach Hotel Corporation requesting llie vacation and
abandonment of a portion of UncolD Road lying east of Collins
Avenue within the City of Miami Beach, Florida.
Inquiries concerning this item should be directed to the Office of the
City Clerk, (305) 673-7411. Copies of this application are aVailable for
inspection during normal ousiness hours in the Office of the
Department of Public Works. City HaU. 1700 Convention Center Drive,
Miami Beach, Florida.
AU penD", are invited to appear at this meeting or be represented by
an agent, or to express theIr views in writing addressed to the City of
Miami Beach City COnnnission clo lbe City Clerk, 1700 Convention
Center Drive, First Floor, City HaJI, Miami Beach, FlOrida 33139.
Pursuant to Section 286.0105, Fla Stat., the City hereby advises the
public that: if a person decides to appeal any aecision made by the
City Commission with respect to any mattl~r considered at this
meeting or hearing, such person must insure that a verbatim record of
lbe proceedings is made. wlUch reconJ includes lbe testimony and
evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize
chaJIenges or appeals not otherwise aJIowed by Jaw.
In accordaoce with the Americans with Disabilities Act of 1990,
persons needing special accommodation to participate in this
proceeding should Contact the Ci~ Clerk's Office no later than four
days prior to the proceedinjl. telephone (305) 673-74/1 for assistance; J .
if hearing impaired, telephone the FlOrida Relay Service numbers
(800) 955-8771 (TDD) or (800) 955-8770 (VOICE), {or assistance.
"
~
1
I
,',
:;ITY OF MIAMI BEACH
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
COMMISSION MEMORANDUM NO.
39'g'-9g
TO:
Mayor Neisen O. Kasdin and
Members of the City Co mission
DATE: June 17, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT: A RESOL I OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF
THE NORTH PORTION OF LINCOLN ROAD, EAST OF COLLINS
AVENUE, IN FAVOR OF DI LIDO BEACH HOTEL CORPORATION, IN
EXCHANGE FOR A LINCOLN ROAD ACCESS EASEMENT, TO BE
GRANTED TO THE CITY BY DI LIDO BEACH HOTEL CORPORATION
,. FOR PUBLIC PEDESTRIAN AND VEHICULAR TRAFFIC, ON, ACROSS,
AND. THROUGH THE PROPOSED VACATED PROPERTY; A
PERMANENT PEDESTRIAN EASEMENT FOR ACCESS BY THE PUBLIC
FROM THAT CERTAIN PORTION OF LINCOLN ROAD LYING EAST OF
THE EASTERN RIGHT-OF-WAY LINE OF COLLINS AVENUE,
THROUGH THE DI LIDO PROPERTY, TO THE BEACH; AS WELL AS
CERT AIN LINCOLN ROAD IMPROVEMENTS, TO BE PROVIDED
PURSUANT TO THE PROVISIONS OF THAT CERTAIN DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND DI LIDO BEACH HOTEL
CORPORATION; PROVIDING THAT SAID VACATION SHALL BE
EFFECTIVE AT THE TIME OF THE "SECOND CLOSING," AS SAME IS
DEFINED IN THE DEVELOPMENT AGREEMENT; WAIVING THE
REQUIREMENTS OF APPRAISALS AND COMPETITIVE BIDS IN
CONNECTION WITH THE APPROVAL OF SAID VACATION; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL
DOCUMENTS NECESSARY TO EFFECTUATE SAID V ACA TION.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
On July 26, 1989, the Land Use and Development Committee set the guidelines/criteria for
considering right-of-way and easement vacation requests, and recommended a case-by-case
consideration of these applications. Additionally, in June 1992, the City Commission adopted
Ordinance No. 92-2783 governing the sale and/or lease of City property.
As set forth in the above criteria and requirements for
vacation and conveyances of City property, and as
contemplated in the Development Agreement approved by
AGENDA ITEM r2-. 1 B
DATE (, - Il-Cf ~
the City Commission on May 20, 1998, pursuant to Resolution No. 98-2275, Oi Lido Beach Hotel
Corporation (Di Lido) has submitted a request that the City vacate the north half of Lincoln Road,
east of Collins A venue, in exchange for, among other things, a Lincoln Road Access Easement from
Oi Lido to the City, for public pedestrian and vehicular traffic through the proposed vacated property
(the Lincoln Road Access Easement); a permanent, continuous pedestrian easement for access by
the public from the Lincoln Road Access Easement area, through the Oi Lido Property, to the beach
(the Di Lido Easement); as well as certain Lincoln Road Improvements, to be provided by Di Lido
pursuant to the provisions of the Development Agreement.
ANAL YSIS:
Pursuant to the requirements for vacation of City-owned property, as well as the requirement of
Ordinance No. 92-2783, on June 3, 1998, the City Commission scheduled a public hearing to
consider the proposed vacation request, to be held during the June 17, 1998, Commission meeting.
Additionally, as required by Ordinance No. 92-2783, the City's Planning Department has prepared
the attached analysis with regard to the proposed vacation. The City, in exchange for vacating the
north hal:f:.'of Lincoln Road, east of the Collins Avenue right-of-way, will obtain (among other
things) from Di Lido, the adjacent property owner (1669 Collins Avenue), a permanent pedestrian
public access easement to the beach (the Di Lido Easement); certain Lincoln Road Improvements,
east of Collins Avenue; and permanent easement rights over the proposed vacated City right-of-way
(the Lincoln Road Access Easement).
Ordinance No. 92-2783 also requires an advertised public bidding process for the sale or lease of
City property, and an appraisal of the fair market value of the property. Since, by operation of law,
upon vacation of a right-of-way the property vests in the adjoining property owner, the right-of-way
cannot be sold or leased to a third party. (See Smith v. Horn, 1915, 70 So.2d 435; Attorney General
Opinion 078-118.) The Administration would herein recommend that it is in the best interest of the
City to waive these requirements; pursuant to the Ordinance, a 517ths vote is needed to waive these
requirements.
Additionally, the Administration would recommend that the aforestated vacation be effective at the
time of the "Second Closing," and only if the Second Closing occurs, as same is defined in the
Development Agreement. Should the Development Agreement expire or terminate as more
particularly provided therein, then the vacation shall be null and void and of no further force or
effect. Accordingly, the Second Closing, as contemplated in the Development Agreement, should
be a condition precedent to the vacation of the requested portion of Lincoln Road.
CONCLUSION:
The Administration recommends that the Mayor and City Commission approve the vacation of the
north portion of Lincoln Road, east of Collins A venue, in favor of Di Lido, in exchange for a
Lincoln Road Access Easement, to be granted to the City by Di Lido for public pedestrian and
vehicular traffic, on, across, and through the proposed vacated property; a permanent pedestrian
2
easement for access by the public from that certain portion of Lincoln Road lying east of the eastern
right-of-way line of Collins Avenue, through the Di Lido Property, to the beach; as well as certain
Lincoln Road Improvements, to be provided pursuant to the provisions of the Development
Agreement between the City and Di Lido. The Administration further recommends that the "Second
Closing," as same is defined in the Development Agreement, be a condition precedent to the
vacation, and that the requirements of appraisals and competitive bids in connection with the
approval of said vacation be waived, by Sl7ths vote, as required pursuant to Ordinance No. 92-2783.
Finally, the City Commission should authorize the Mayor and City Clerk to execute all documents
necessary to effectuate said vacation subject to review of same by th~- Administration and City
Attorney's Office.
\ f\.j
SR\HM\JA:..dP\ VGK\ch
FIA TTOIAGUj!.1";;SOSIUNCV AC.MEM
Attachment
".
3
Prepared by and Return to:
STATE OF FLORIDA
COUNTY OF DADE:
I, ROBERT PARCHER, City Clerk of City of
Miami Beach, Florida, do hereby certify that
the above and foregoing is a true anej correct
copy of the originsi thereof on file in this
office.
Raul 1. Aguila, Esq.
Office of City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
WlTNI;SS, my hnnd andHwsDal of said City
thls/~Y of M~ A.~~, '1990
ROBERT PARCHER
t P the City of Miami BeGch. Florida
~ (jA c6.o. - ..~ r!Lu~.
By: De~uty
GRANT OF PERPETUAL EASEMENT FOR BEACHW ALK
THIS GRANT OF EASEMENT (this "Easement") is made this5#r1 day of iJM/~
1998, by DI LIDO BEACH HOTEL CORPORATION, a Florida corporation (th~)
having its principal place of business at 155 Lincoln Road, Miami Beach, Florida in favor of the
CITY OF MIAMI BEACH, a Florida municipal corporation (the "City"), having its principal
place of business at 1700 Convention Center Drive, Miami Beach, Florida.
WHEREAS, the Owner owns that certain property situated, lying and being in Dade
County, Florida, known as the Di Lido Beach Hotel located at 155 Lincoln Road, Miami Beach,
Florida, and as more particularly described in Schedule "A" attached hereto (the "Property");
WHEREAS, on or about March 13, 1982, the City entered into that certain Management
Agreement for Certain Lands in the City of Miami Beach, Florida (Agreement No. 750-0006), as
amended, with the Trustees of the Internal Improvement Trust Fund of the State of Florida,
granting the City the right to exercise management authority over the State owned beach east of
the Erosion Control Line within the City of Miami Beach, including that certain area landward
and seaward of the dune;
WHEREAS, the City is desirous of developing an at-grade public pedestrian walkway,
which includes landscaping, lighting, and irrigation, along the landward side of the dune,
connecting the existing walkway fronting Lummus Park and the existing elevated wooden
boardwalk which currently begins at 21st Street (the "Beachwalk"); and
WHEREAS, pursuant to the terms of that certain Agreement dateys of l' UJ.U.,.-\\~ 1998
between the City and the Owner, recorded in Official Records Book l ~\b') , at Page ~, of the
Public Records of Miami-Dade County (the "Development Agreement"), which constitutes a
development agreement under the Florida Local Government Development Agreement Act, the
Owner has agreed to grant this perpetual easement to the City for use as an at-grade public
pedestrian walkway, for the installation and maintenance of landscaping, and for such other
public uses which are consistent with the City's development of the Beachwalk, across that
certain portion of the Property, approximately fifteen (15) feet in width, running along the dune
line near the eastern boundary of the Property, as same is more particularly described in Schedule
"B" attached hereto (the "Easement Parcel").
NOW THEREFORE, in consideration of Ten and Noll 00 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Owner by these presents hereby grants, sells, and conveys to the City, its successors and
assigns, a perpetual easement on, in, and over the Easement Parcel for the purpose of installing,
laying, constructing, operating, inspecting, maintaining, repairing, and replacing the Beachwalk
and for public pedestrian access to the Beachwalk.
The Owner and the City further agree to the following:
1. The Owner hereby grants to the City its employees, contractors, or
representatives, the permanent right and license for purposes of ingress and egress
to and from the Easement Parcel for the purposes of laying, constructing,
operating, inspecting, maintaining, repairing, and replacing the Beachwalk.
2. The City shall use its best efforts to obtain the necessary permits and approvals
from the State of Florida for construction of the Beachwalk; provided, however,
that in the event that the City has not secured the necessary permits and approvals
and initiated construction of the Beachwalk within the later of (i) three (3) years
from the date of execution of this instrument, or (ii) the expiration of the term of
the Development Agreement, this Easement and the easement rights granted
herein shall automatically terminate.
3. The City shall construct the Beachwalk in substantial conformity with the
Beachwalk Site Plan attached hereto as Schedule "C".
4. The City shall deliver notice of its intention to commence construction of the
Beachwalk to the Owner not later than thirty (30) days prior to the date set for
such commencement.
5. Following the completion of the Beachwalk, the City shall have the sole
responsibility and shall bear the total cost for the repair and maintenance of the
Beachwalk, except for any repairs or maintenance arising from the negligence of
the Owner or any successor thereto.
6. The City shall maintain and repair the Easement Parcel and the portion of the
Beachwalk lying thereon in the same manner as it maintains and repairs the
remainder of the Beachwalk. The City shall insure and provide security for the
Beachwalk in the same manner as it provides security for its public sidewalks and
right-of-ways. 6
7. The Owner reserves unto itself, its successors and assigns, the perpetual right and
privilege of:
2
a. Right of ingress and egress to and from the Easement Parcel for
construction access to the east side of the Property, provided that the
Owner has obtained all the necessary permits and approvals from the City
and the State for any such construction, and that Owner shall bear the cost
for repairing any damage to the Easement Parcel or Beachwalk, resulting
from such construction; and
b. Unrestricted access to, over, across and in the Easement Parcel, provided
that such use does not materially interfere with the continued use of the
Easement Parcel as permitted herein.
8. Owner shall not construct or permit to be constructed any structure or obstruction
on or over or interfering with the construction, maintenance, or any other aspect
of the Beachwalk located upon the Easement Parcel. The City shall not obstruct
access to the beach and the Atlantic Ocean from the Property across the Easement
Parcel.
9. Owner covenants, warrants and represents (i) that it is the fee simple owner of the
Easement Parcel and has the right, title, and capacity to grant the perpetual
easement granted herein, and (ii) Commercial Bank of Florida is the sole lienor
and holder of a recorded (or unrecorded) security interest in the Easement Parcel.
10. This grant of perpetual easement shall inure to the benefit of and be binding upon
the heirs, legal representatives, successors and assigns of the parties hereto, as
applicable.
11. In the event that the City abandons or vacates the Beachwalk, then this Easement
and the easement rights granted herein shall automatically terminate.
12. Notices. Any notices required or permitted to be given under this Easement shall
be in writing and shall be deemed to have been given if delivered by hand, sent by
recognized overnight courier (such as Federal Express) or mailed by certified or
registered mail, return receipt requested, in a postage prepaid envelope, and
addressed as follows:
If to the City at:
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager,
City Attorney
3
If to Owner at:
c/o Bruce Lazar, Esq.
Seville Beach Hotel, Suite M
2901 Collins Avenue
Miami Beach, FL 33140
(if not in leave with concierge)
With a copy to:
Juan P. Loumiet, Esq.
Greenberg, Traurig, Hoffman,
Rosen & Quentel P.A.
1221 Brickell Avenue
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be deemed given
on the date of delivery and notices mailed in accordance with the foregoing shall
be deemed given three (3) days after deposit in the U.S. mails. The terms of this
Section shall survive the termination of this Easement.
13. Construction.
(a) This Easement shall be construed and governed in accordance with the laws of the
State of Florida. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof; and, accordingly, this Easement shall not be
more strictly construed against anyone of the parties hereto.
(b) In construing this Easement, the use of any gender shall include every other and
all genders, and captions and section and paragraph headings shall be disregarded.
(c) All of the exhibits attached to this Easement are incorporated in, and made a part
of, this Agreement.
14. Severability. In the event any term or provision of this Easement be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority
determines, and the remainder of this Easement shall be construed to be in full
force and effect.
15. Litigation. In the event of any litigation between the parties under this Easement
for a breach hereof, the prevailing party shall be entitled to reasonable attorney's
fees and court costs at all trial and appellate levels. The terms of this Section shall
survive the termination of this Easement.
16. Time of Essence. Time shall be of the essence for each and every provision
hereof.
17. Entire Agreement. This Easement, together with the documents referenced
herein, constitute the entire agreement and understanding among the parties with
4
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respect to the subject matter hereof, and there are no other agreements,
representations or warranties other than as set forth hereul. 1bis Easement may
not be changed, altered or modified except by an instrumetlt in writing signed by
the party against whom enforcement of such change would be sought.
18. Force Maieure. Any prevention, delay or stoppage due to strikes, lockouts, labor
djsputes, acts of God, inability to obtain labor or materials or reasonable
substitutes therefor, riot, civil commotion, fire or other casualty, and other causes
beyond the reasonable control of the party obligated to perform, excluding the
financial inability of such party to perform shall excuse the performance by such
party for a period equal to any such period of prevention, delay or stoppage.
IN \VITNESS WHEREOF, the \ll1dersigned has caused this gr~t ~f p:re;tual easement
to be executed by execution of this instrument as of this S day of~. 1998.
Witnesses:
,.,
THE OWNER
Sign Name:
Print Name:
/
01 LlI:>6l3EACH HOTEL CORPORATION,
a Flori corporation
Sign Name
Print Name:
5
AUG 05 '98 15:35
305 579 0717
PAGE. 02
CONSENT
The undersigned as lienor, owner and holder of those certain mortgages recorded in
Official Records Book 16040, Page 5111, Official Records Book 17029, Page 1037, Official
Record Book 17508, Page 4661, Official Record Book 17528, Page 912 and Official Record
Book 17801, Page 3070, all in the Public Records of Miami-Dade County, Florida (as any of
same may have been heretofore modified), hereby consents to this grant of easement rights as
provided herein and subordinates the lien and the effect of its security interest to this Easement.
Sign Name:
Print Name: ;Famela
{
I
-~
By:
Name:
Title:
7 '. .
Sign Name: JiRAJL ~r~~
Print Name:Geraldine Kitchell
STATE OF FLORIDA )
) S5:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this ~ day of
July , 1998 byBruce P. Steinberger , asExec. V.P. of Commercial
Bank of Florida, a Florida banking corporation, on behalf of the corporation. He/She is
personally known to me or has produced as identification and who did
(did not) take an oath./~,- ~
NOTARY PUBLIC
. )
Y/JJ77e<.f') ,7 /[.{ f-K.f;2--
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
PAMELA J rn~
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO.CC7033CB
MY COMMISSION EXP. AN. 8
6
STATE OF FLORIDA )
) SS:
COUNTY OF DADE )
this s.ctz day of
~f Di Lido Beach
e S e is personally
did not)
OFFICIAL NaI'MY SEAL
JOSEPH M HERNANDEZ
ARY pUBUC Sf ATE OF FLORIDA
COMMISSION NO. CC61()440
MY COMMISSION EXP. DEe. 29,2000
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
ACKNOWLEDGED AND ACCEPTED this
by:
If
/ ~ day of
.
A~/-
, 1998
Witnesses:
CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation
~ --} ,-
Sign Name: ~M..l..- tVv'--
Print Name: C
Sign Nanje:
Print Na~e:
By:
J/liI
Mayor
7
STATE OF FLORIDA )
)SS:
COUNTY OF DADE )
/ {] ill
was acknowledged before me this t day of
,1998, by )1p;sc 0 () /(uir/r :x.J , as Mayor of the City of
Mi Beach, a municipal corporation, on behalf of the Corporation. He is personally known to
~or has produeed- as identification and who did (E~JlQ.1). take an
oath. ~ h
OFFIClALNOTARYSEAL v 'LA. ~,'{~':)J!_~"CAA'1~KJ
LILLIAN BEAUC1-1A.MP NO ARY PUBLI 7
NOTARY PUBLIC 5T ATE OF FLORIDAJ I 7) _ /
COMMISSION NO, CC7?S3i2 /-..-; Ilt'",rJ ;:::.x?O()(}h(j~)
MYCm.t\1ISS10;~ EXP. APR. 29,4002 Typed or Printed Name of Notary
My Commission expires:
Serial No., if any: f1~II/ 21, 2-Do2--
MIAMIIHERNANDEZJ/946505/k@bt05!.DOC/5/2 7/98
8